Current Status

Civil marriage equality in effect at the state level since January 2015. (Same-sex couples may legally marry.)

1 case in the 11th Circuit Court of Appeals; 1 case in federal district court; 7 cases in state courts.

HISTORICAL PERSPECTIVE

Unfortunately, proposed state legislation, SB 196 Families First, that would have provided most of the major state benefits of marriage to same-sex couples via Domestic Partnerships, died in the Judiciary Committee on 3 May 2013.

A constitutional ban against same-sex marriages and civil unions was in force from 2008 to early 2015, per Florida Amendment 2.

Legislation - Pending

Legislation - Enacted

Date Introduced: 23 February 2015Author/Sponsor: Rep. Dave Richardson [D]Date Enacted: 11 June 2015, signed into law by Governor Rick Scott

Description:

23 February 2015, it was introduced to remove language that made it illegal for LGBT people to adopt from a larger bill with the goal of encouraging people to adopt. Referred to Health & Human services Committee.

4 March 2015, passed out of the subcommittee, first reading in the House.

10 March 2015, second reading in the House.

11 March 2015, the Republican-dominated Florida House quietly acknowledged that gay people have the right to adopt children by supporting the bill amendment that removes a gay-adoption ban from law - third House reading and passed 65-50 by the House.

14 April 2015, read third time;voted on and passed; certified; ordered enrolled.

5 December 2014, the Court ordered supplemental briefs from parties addressing whether the preliminary injunction entered in Brenner v. Scott (see Grimsley/Brenner v. Armstrong below)will render moot Plaintiffs’ Motion for Preliminary Injunction, and whether this case should be stayed pending the Eleventh Circuit’s resolution of Brenner. The plaintiffs' brief is due 23 December 2014, and the defendants' brief is due 10 January 2015.

14 January 2015, minute entry from today's phone conference - Docket text only: "Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 1/14/2015. Court inquires of plaintiff's counsel as to how this case should proceed in light of the motion for preliminary injunction now being moot. Court also inquires as to plaintiff's position to stay this case pending the final decision of the 11th Circuit in Brenner. Plaintiff requests the case proceed as normal on the substance of the case. Court takes matter under advisement and will issue separate written order. Counsel for pltf: William J. Sheppard; Counsel for defts. Florida Dept. of Highway Safety and Motor Vehicles and Rhodes: Adam S. Tanenbaum; Counsel for deft. Dowman: Frank Mari. Start time: 9:03 a.m; End time: 9:11 a.m. Court Reporter: Diane Peede (DJD) (Entered: 01/14/2015)"

23 January 2015, plaintiffs filed an amended complaint, which removed some defendants and added others, and focused only on a First Amendment claim of retaliation for protected speech. (As previously reported, plaintiffs now have their driver's licenses in their married names.)

23 January 2015, after the amended complaint was filed, Judge Mendoza issued an order which denied the preliminary injunction as moot, terminated the defendants who had been voluntarily dismissed, and ordered the case to be renamed "Wall-DeSousa v. Bowman."

5 February 2015, as previously reported, the plaintiffs amended their complaint to only a First Amendment claim of retaliation for protected speech. Here is the motion to dismiss from defendant Dianne Bowman, Supervisor of the Brevard County Tax Collector’s Office in Indian Harbour Beach, sued in her individual capacity

Trepanier v. Heavilin

This case was filed by a same-sex couple who are particularly concerned about the impact of not being able to marry upon their children.

Dousset v. Florida Atlantic University

Case Number:Court Level: State Appeal CourtDate Filed:Date of Appeal:

Description:

This suit was filed directly in state intermediate appellate court by a gay student who married in Massachusetts, but who was denied in-state tuition by Florida state university due to FL’s ban on recognition of marriages entered into by same-sex couples outside of FL. (The Florida Administrative Procedures Act provides for direct appeal such as this in the case of final state agency decisions.)

14 May 2014, opening appellate brief and notice of constitutional question to the AG were filed. Oral argument was requested.

27 May 2014, the plaintiffs filed their response to the state's motion to dismiss and their reply in support of the Grimsley plaintiffs' motion for a preliminary injunction.motion

21 August 2014, Judge Hinckle issued a preliminary injunction barring the state of FL from enforcing its ban on marriage equality. Unlike the prior state court decisions, this decision has state-wide effect. The injunction has been stayed, essentially until after the Supreme Court resolves the cases now pending. (Hinckle's ruling was the 38th legal "win" for marriage equality at the federal level since the June 2013 Windsor ruling from SCOTUS.)

Of interest: On 29 August 2014, FL Democratic candidate for governor Charlie Crist sent a letter to Republican Gov. Rick Scott urging him not to appeal Judge Hinkle's August 21st ruling that found Florida's ban on marriage equality unconstitutional. In August 2010, Crist was quoted by CNN as saying, "… when it becomes to the institution of marriage, I believe that it is between a man and a woman, it's just how I feel. MEUSA's Thom Watson commented, "Honestly, the only political label I've ever felt applied to Crist is neither Republican nor Democrat but Opportunist. Still, I'm glad his finger-in-the-wind approach to politics has him making public pronouncements in support of marriage equality... for now."

1 July 2015, lawyers for the Florida Association of Court Clerks and Comptrollers sent the Association a memo regarding the clerks' duties in light of potential invalidation of Florida's same-sex marriage ban. In this memo the attorneys state that if the ban is found to be invalid, only clerks who are named as parties in the suit are technically bound by the ruling. WHAT!?

This case was appealed to the 11th Circuit U.S. Court of Appeals and on 19 September 2014 the Court noticed the appellants that their opening brief is due by 15 October 2014.

21 October 2014, the plaintiffs filed a motion to submit amicus brief filed in related state court case. Attached: Amicus Brief of the Village of Biscayne Park, Broward County, and the Cities of Tampa, St. Petersburg, Orlando, Miami Beach, and Wilton Manors in filed in support of plaintiffs in Shaw v. Shaw.

3 December 2014, the 11th Circuit denied the state's motion for stay pending appeal. The stay in the district court is set to expire after 5 January 2014.

15 December 2014, the Florida Attorney General asked the U.S. Supreme Court to extend the stay currently set to expire at end of day 5 January 2015. They filed an Application to Justice Thomas for a stay of the preliminary injunctions.

15 December 2014, the plaintiffs filed their Answer (Response) Brief in the 11th Circuit appeal. NOTE: This is not a response to the application for a stay that Florida filed with the Supreme Court (bullet immediately above).

15 December 2014, on the application to SCOTUS/Justice Clarence Thomas, to extend the stay on Judge Hinkle's August 21 marriage ruling, Justice Thomas called for a response to the application, due by 5:00pm ET on Thursday, 18 December 2014.

15 December 2014, lawyers for the Florida Association of Court Clerks and Comptrollers sent the Association a revised memo (the original was written on 1 July 2014 - see 1 July bullet above). The Clerks' Association then released a public statement: "Lawyers for the Florida Association of Court Clerks and Comptrollers said in a statement Tuesday that Washington County is the only place named in the federal lawsuit. Clerks in all other counties, according to the association, aren’t bound by U.S. District Judge Robert Hinkle’s ruling in August that the gay marriage ban is unconstitutional." Florida clerks association says federal marriage ruling affects only one county - By Curt Anderson, AP, LGBTQNation

23 December 2014, defendant Washington County Clerk of Court filed an Emergency Motion for Clarification and Memorandum of Law asking the federal judge to clarify whether the injunction requires that she issue a license to any qualified same-sex couple who applies or if it only mandates that she issue a license to one unmarried couple who brought the suit.

24 December 2014, Judge Hinkle ordered the Secretary of the Department of Management Services to file a response to the Washington County Clerk of Court's motion for clarification. The Surgeon General (the other state defendant) and Plaintiffs may file responses. All responses due 29 December 29 2014. In other developments, The National Center for Lesbian Rights sent a memo to the Florida County Court Clerks, outlining the argument for the injunction applying statewide to all county clerks.

29 December 2014, AG Office media statement on the state's response:"Pursuant to an order from the U.S. District Court for the Northern District of Florida, the Attorney General’s Office today filed the attached response to the Washington County Clerk of Court’s Emergency Motion for Clarification."The widespread confusion that now exists, as evidenced by multiple media reports, is precisely what the Attorney General’s Office sought to avoid while seeking a stay pending final resolution in favor of either side of the issue. As stated in the response filed today, if the federal court intended the injunction to have effects beyond those that appear on its face, the court may wish to provide appropriate clarification."

1 January 2015, federal district court Judge Robert L. Hinkle issued his ruling on the scope of the federal injunction, confirming his marriage ruling in a new order stating that clerks of ALL Florida counties should issue marriage licenses to same-sex couples after his stay expires end of day 5 January 20151 January 2015, or face the consequences of not doing so (the probability of additional suits and plaintiffs and likelihood of incurring increased attorney costs, etc.). Woot! Florida Attorney General Pam Bondi released a statement saying, she "will not stand in the way as clerks of court determine how to proceed." Please read this clarification from Kathleen Perrin of Equality Case Files carefully: Here's how I read it: He's saying the injunction can only compel as to defendants and plaintiffs currently before the Court. But, he's saying the Constitution requires other officials to stop enforcing the ban and warning anyone who chooses to continue enforcement that it's a simple matter for other parties to join in the lawsuit - even to certify entire classes of parties - and expand the scope of the explicit injunction and "allow successful plaintiffs to recover costs and attorney’s fees."

4 February 2015, the 11th Circuit is putting the Alabama and Florida appeals on hold and "any other current or future appeals that are filed in this Court raising the same or similar issues," pending a decision from the U.S. Supreme Court in the marriage cases.

Becker v. UCF

John Becker filed a lawsuit against UCF in March 2013 when he was denied emails related to Mark Regnerus’s New Family Structures Study — a then controversial, and now discredited, study on gay and lesbian parenting.

In his 7 November 2013 a state judge ruled that FL must disclose records showing who approved Associate Professor Mark Regnerus’ anti-LGBT parenting study, how it got published immediately, and why no qualified peers reviewed it.

On 22 November 2013, FL hired former state Supreme Court Chief Justice Charles Wells to fight the release of over 50,000 public records related to the publication of the Regnerus study. Also, Judge Donald Grincewicz who had handled the case since its start in spring 2013, recused himself from further involvement, and an appellate court granted a stay in the case until a replacement judge was appointed.

Becker said he will file an appeal and on 20 May 2014 a clerk with the Fifth District Court of Appeals said notice of a new case had been created in Becker v. UCF, though no documents had been filed at that time.

Lawsuits - Resolved

Aaron R. Huntsman and William Lee Jones v. Amy Heavelin

Case #: 2014-CA-305-KCourt Level: Third District Court of Appeal (state)Date Filed: 2 April 2014Date of Ruling: 6 January 2015

Description:

Aaron Huntsman 42, and William Jones 43, filed suit against Monroe County Clerk Amy Heavilin after her office refused to issue them a marriage license.

The men are being represented by attorney Bernadette Restivo of the Key Largo law firm Restivo, Reilly & Vigil-Fariñas.

The case was assigned to Monroe County Chief Judge David Audlin. The plaintiffs are challenging the constitutionality of the Florida laws that exclude same-sex couples from marriage.

20 May 2014, the plaintiffs filed a motion for summary judgment on.

22 May 2014, a Request For Hearing On Case of Major Public Importance was filed.

17 July 2014, Circuit Judge Luis M. Garcia ruled that the Florida ban on marriage equality is unconstitutional and that the defendant/Monroe County FL should begin issuing marriage licenses to the plaintiffs and other “similarly situated same-sex couples” effective 22 July 2014. The ruling applies to Monroe County only.

The ruling was stayed.

28 August 2014, the appeal court rejected the request by Florida Attorney General Pam Bondi to delay proceedings. Along with denying Bondi’s request, the court granted a motion to consolidate the this case and Pareto (below) into a single case as it moves forward in court.

13 October 2014, Attorney General Pam Bondi said she wants the Florida Supreme Court to decide once-and-for-all whether same-sex couples can marry in the Sunshine State.

26 February 2014, the anti-LGBT group Liberty Counsel (author of the ban) requested permission to intervene in the case, along with PULSE (African-American churches), the Florida Democratic League, and the anti-gay Florida Family Policy Council.

A motion for summary judgment was scheduled to be heard on 2 July 2014.

2 July 2014, oral argument was heard before Judge Sarah Zabel in the Eleventh Judicial Circuit Court. During the hearing, Matt Staver, attorney for the anti-gay Liberty Council, presented an anti-marriage equality amicus brief and pushed the thoroughly discredited Regnerus study to the judge.

25 July 2014, Miami-Dade Circuit Judge Sarah Zabel ruled that FL's ban on marriage equality is unconstitutional, and ordered the Miami-Dade County Clerk to stop enforcing the constitutional amendment. The ruling applied to Miami-Dade County only.

The ruling was stayed.

28 August 2014, the appeal court rejected the request by Florida Attorney General Pam Bondi to delay proceedings. Along with denying Bondi’s request, the court granted a motion to consolidate the this case and Huntsman (above) into a single case as it moves forward in court.

22 December 2014, defendant Clerk of the Courts for Miami-Dade County Harvey Ruvin filed a Motion for Clarification. He asked the Court, in light of developments in the federal case, "to clarify whether the stay imposed in the Order shall remain in effect after January 5 while this case is pending on appeal."

3 January 2015, the plaintiffs filed their Response motion to Harvey Ruvin's December 22nd Motion for Clarification, asking Judge Sarah Zabel to lift the stay on her ruling that declared the anti-gay marriage ban unconstitutional. "In light of these developments, Plaintiffs request that this Court lift its stay of its July 25, 2014 ruling immediately. Lifting the stay would be consistent with the actions of the U.S. Supreme Court and federal circuit and district courts in similar cases in which orders striking down state marriage bans have been permitted to go into effect while appeals are pending." The motion also states that "maintaining the stay in this case is no longer warranted and would have no practical effect other than to cause potential confusion."

5 January 2015, Miami-Dade County judge lifts stay - clearing the way for same-sex couples in this county to marry right away. Licenses were issued beginning around noon local time. Marriages happening in Miami-Dade! Woot!

30 December 2014, Tiffany Moore Russell, Clerk of the Courts for Orange County FL, filed an Emergency Petition requesting clarity re: the issuance of same-sex marriage licenses and requesting that "the Court enter an order determining that she is within her legal right to issue same-sex marriage licenses on January 6, 2015."

Brassner v. Lade

Heather Brassner and Megan Lade entered into a civil union in Vermont in 2002. The two split four years ago, and Lade apparently disappeared. Brassner hasn't been able to find her even with the help of a private investigator. Vermont has since passed full marriage equality for same-sex couples, but under their previous civil union laws, both couples must be present to sign off on the dissolution of the union. Brassner would like to be able to marry her new partner, and is seeking a divorce granted in absentia in Florida.

Brassner has been a legal resident of Florida for 14 years, but the state doesn't recognize her civil union with Lade.

4 August 2014, Judge Dale Cohen, a Broward County judge, ruled that the state's ban on marriage equality is unconstitutional. Judge Cohen said he was not prepared to grant the divorce without addressing the constitutionality of same-sex marriage in the state of Florida. The decision came after a judge in Monroe County became the first to overturn the Florida ban on 17 July 2014, and a Miami-Dade County judge made a similar ruling eight days later. This ruling applies to Broward County only and is expected to be stayed.

9 September 2014, Judge Cohen vacated his August 4th ruling after learning that Brassner's attorney had not properly notified the state when the case began. Cohen canceled a hearing set for the next day to finalize the dissolution of Brassner’s 2002 Vermont civil union with ex-partner Megan Lade, and wrote that “the Parties may schedule a rehearing” in the case.

8 December 2014, Judge Dale issued a new decision, reaffirming that the state's ban is unconstitutional. NOTE: The order is dated 3 August 2014, the date of the first order issued in the case. Several people, including team members at Equality Florida and Freedom to Marry are working to get clarification and we'll update when we have more information.

17 December 2014, final hearing in this case, in which a state judge has (twice!) declared Florida's marriage ban unconstitutional.

Simpson v. Bondi (Re: Estate of Frank C. Bangor)

Following Frank Bangor's death, his husband W. Jason Simpson sought to be appointed the personal representative for his estate under the Florida Probate Code (which only allows out-of-state “spouses” to be appointed). He is challenging the Florida ban on recognizing the marriages of same-sex couples that were legally entered into outside of FL. The two men, together 37 years, were married 23 October 2013, in Delaware. Frank died 13 March 2014.

12 May 2014, an amended petition for administration was filed.

15 July 2014, a memorandum of law was filed in support of the amended petition. A hearing on the petition was held the same day.

5 August 2014, Palm Beach County Circuit Judge Diana Lewis ordered that the men's marriage should be recognized and that Simpson should be appointed the personal representative in his husband's estate.

D.M.T. v. T.M.H.

The case involved a lesbian couple who decided to have a child by one partner (T.M.H.) providing fertilized ova to the other (D.M.T.), who carried and gave birth to the child and later, after the couple separated, contested her former partner's parental rights.

Ballot Initiatives - Pending

Ballot Initiatives - Passed

Polls

2 August 2014, a Tampa Bay Times "Insider Poll" found that a whopping 87% of 131 savvy Florida politicos predicted that within five years Florida will no longer ban same-sex marriage. News Source

30 April 2014, the results of a poll from Quinnipiac University showed that Florida voters support 56% - 39% allowing same-sex couples to marry. Poll Details

On 26 February 2014, Public Religion Research Institute surveyed 261 FL residents regarding same-gender civil marriage, and reported that 57% support it, 37% do not, and 6% do not know or refuse to answer. Poll Details

Marriage Equality USA (MEUSA) was the grassroots movement to win marriage in the United States. With the U.S. Supreme Court victory on June 26, 2015 the work of the organization - though not the larger movement - was achieved and MEUSA ceased formal operations, closing in late 2017. For inquires please contact lovewins@marriageequality.org.